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Re: Flexible working request/reasonable adjustments

Kat

| 0 Posts

17 Oct, 2023 10:48

A little background, our company policy is 40% in office working for fulltime employees

Please can I get some guidance....in the case an employee who is going through mental health issues and wishes to start earlier and finishes earlier to reduce anxiety during rush hour and also reduce office working to 1 day instead or 2. Would this request fall into making reasonable adjustments for the employee or would it be a flexible working request? I appreciate any thoughts.

Thank you 

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  • Nicola

    | 0 Posts

    17 Oct, 2023 12:23

    Hi Kat,

    Other, more experienced colleagues may think differently but I would take this as a reasonable adjustment if you are aware of their mental health issues. I would also get an OH report to assist with anything else that the Company could do to support this employee.
  • Nina Waters

    | 0 Posts

    17 Oct, 2023 13:00

    In reply to Nicola:

    I agree with Nicola that an OH assessment here will help differentiate this case from others. If the recommendation from the assessment is then that these measures are put in place, it gives you a specific reason to deviate from the company line (presuming that's something that's both important to you, and something you're worried about diluting). I also agree that there may be other measures that the OH assessor could suggest that would be helpful (maybe more so than those already proposed), which gives you other options to explore in case there are practical barriers to agreeing what has been suggested.
  • Kimberly

    | 0 Posts

    17 Oct, 2023 14:05

    Hi Kat

    We recently had a staff member raise they wished to reduce days due to health reasons - we referred to OH and the report stated that they could see no health benefits to reducing the days, thus, the request was deemed a FWR and not a reasonable adjustment - so I would always advise to refer to OH too.
  • Kat

    | 0 Posts

    17 Oct, 2023 14:54

    In reply to Nicola:

    Thank you!
  • Kat

    | 0 Posts

    17 Oct, 2023 15:00

    In reply to Kimberly:

    Only a small organisation, OH it isn't something we have used, please can you explain in what circumstances it should be used and the benefits? In this instance the colleague put this as a flexible working request to deal with their issue, work isn't affected in the hope they will eventually revert back to the 40% in office when they feel better able to cope with it.
  • Maya

    | 0 Posts

    17 Oct, 2023 19:53

    My question initially would be, ‘can we accommodate these changes without affecting the work that needs doing, or negatively impacting the employee’s colleagues?’ If the answer is yes, then why not give it a trial?
  • Gemma Dale

    | 0 Posts

    18 Oct, 2023 07:23

    In reply to Kat:

    In the event that they are asking for what appears to be temporary change while they seek to improve, I would simply put it into place and keep it under review. Ensure the manager meets with the employee regularly to see how they are and if the adjustment is helping. Statutory requests can be used for temporary changes but are really more about permanent change. I wouldn't worry too much about which process it is and focus on supporting the employee to stay at work and manage their symptoms. Put it in writing that this is a temporary change at their request and make sure it doesn't go on indefinitely. If you check out Mind Charity they also have a useful form that employees and managers can work through together to look at how the individual can be supported with their MH at work.
  • Kimberly

    | 0 Posts

    18 Oct, 2023 07:27

    In reply to Kat:

    We use OH for a number of reasons - when someone initially triggers under sickness, prior to a final stage sickness meeting where dismissal is considered, where someone states a disability is affecting them doing their role, if MH is raised, and anywhere in between should we feel the need to be honest.

    OH takes what we say, what the employee says, and the JD, and provides a prognosis and recommends any adjustments they feel would help.

    We hold OH clinics regularly but we have a large workforce where this is beneficial. There are lots of companies that you can book the appointments with as and when you need.
  • Keith

    | 0 Posts

    18 Oct, 2023 08:53

    Two brief points

    1) Are they covered by the Equality Act? If not then its not a legal requirement to make reasonable adjustments. Not saying you shouldn't but simply it starts from a different base.

    2) Many peoples mental health "might" be improved by working from home or so they believe. But you also have a business requirement which I assume isn't random or arbitrary. So it can be a balance between the two,
  • Steve Bridger

    | 0 Posts

    Community Manager

    18 Oct, 2023 09:09

    Hi Kat,

    I've moved this thread to the (Missing Forum) forum.